Congressional Record, Senate, April 20, 2021, Page S2043
Summary
The opening pages of the Congressional Record for Tuesday, April 20, 2021, No. 68 of Vol. 167, covering the Senate at pages S2043 and S2044. After the prayer, the Pledge of Allegiance and the appointment of an Acting President pro tempore, the Senate resumes consideration of S. 937, the COVID–19 hate crimes bill, with an amendment pending. Mr. Schumer remembers former Vice President Walter Mondale, says it is time to end the Federal prohibition on marijuana and describes work with Senators Booker and Wyden on legislation, criticizes new State voting laws, and speaks on Puerto Rico and the American Rescue Plan. Mr. McConnell then speaks on the situation on the southern border.
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“Congressional Record, Senate, April 20, 2021, Page S2043.”
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Congressional Record
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117 th CONGRESS, FIRST SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 167 WASHINGTON, TUESDAY, APRIL 20, 2021 No. 68
Senate
The Senate met at 10 a.m. and was appoint the Honorable ALEX PADILLA, a Sen- As President Carter’s right-hand
called to order by the Honorable ALEX ator from the State of California, to perform man, Fritz revolutionized the role of
PADILLA, a Senator from the State of the duties of the Chair. the Vice Presidency. There is an old
PATRICK J. LEAHY,
California. yarn about two brothers: One went off
President pro tempore.
f to sea, and the other became Vice
Mr. PADILLA thereupon assumed President. Neither was heard from
PRAYER the Chair as Acting President pro tem- again. That is not true of Walter Mon-
The Chaplain, Dr. Barry C. Black, of- pore. dale.
fered the following prayer: f Walter Mondale was an uncoopera-
Let us pray. RESERVATION OF LEADER TIME tive subject for those Vice Presidential
Eternal God, who upholds us with comedians. Not only was he often the
Your might, keep our Senators sure- The ACTING PRESIDENT pro tem-
last person in the room with the Presi-
footed as they travel through these pore. Under the previous order, the
dent when the tough decisions were
challenging times. leadership time is reserved.
made, but he became an unofficial am-
Lord, lead them safely over the f bassador for the administration. His re-
treacherous heights they must some- CONCLUSION OF MORNING lationship with Prime Minister Begin
times move. Open their eyes that they BUSINESS of Israel helped paved the way for a
may see glimpses of truth from Your The ACTING PRESIDENT pro tem- peace treaty between Israel and Egypt
Divine precepts that will illuminate pore. Morning business is closed. at Camp David in 1978.
their paths. In his ultimately unsuccessful run
f
Lord, remind them that victory for the Presidency, Walter Mondale’s
comes from You, the God of our salva- LEGISLATIVE SESSION pick of my fellow New Yorker, the late
tion. Continue to use them as guard- Geraldine Ferraro, as Vice President
ians of freedom. was an early crack in the glass ceiling
Lord, we thank You for the life and COVID–19 HATE CRIMES ACT— that our current Vice President,
legacy of former Vice President of the Resumed KAMALA HARRIS, would eventually
United States Walter Mondale. The ACTING PRESIDENT pro tem- shatter.
We pray in Your great Name. Amen. pore. Under the previous order, the Vice President Mondale will be re-
f Senate will resume consideration of S. membered as a lion of progressive poli-
937, which the clerk will report. tics; an ardent defender of civil rights,
PLEDGE OF ALLEGIANCE The senior assistant legislative clerk aid to schoolchildren, childcare,
The Presiding Officer led the Pledge read as follows: healthcare, and consumer protections.
of Allegiance, as follows: A bill (S. 937) to facilitate the expedited re- Mondale once said:
I pledge allegiance to the Flag of the view of COVID–19 hate crimes, and for other My whole life I worked on the idea that
United States of America, and to the Repub- purposes. government can be an instrument for social
lic for which it stands, one nation under God, Pending: progress. We need that progress. Fairness re-
indivisible, with liberty and justice for all. Schumer (for Hirono/Collins) Amendment quires it.
f No. 1445, of a perfecting nature. Indeed, as Mondale said, we need gov-
APPOINTMENT OF ACTING RECOGNITION OF THE MAJORITY LEADER ernment to make social progress.
PRESIDENT PRO TEMPORE The ACTING PRESIDENT pro tem- As we say goodbye to one of our
pore. The Democratic leader is recog- country’s most decent public servants,
The PRESIDING OFFICER. The nized. let us follow in his example.
clerk will please read a communication
REMEMBERING WALTER FREDERICK MONDALE MARIJUANA
to the Senate from the President pro
Mr. SCHUMER. Mr. President, last Mr. President, now on a much dif-
tempore (Mr. LEAHY).
night, the country lost a giant of ferent subject, today is what you might
The senior assistant legislative clerk
Democratic politics, a kind and revered call a very unofficial American holi-
read the following letter:
public servant, a Vice President who day, 4/20. It is as appropriate a time as
U.S. SENATE,
reimagined the position and expanded any to take a hard look at our laws
PRESIDENT PRO TEMPORE,
Washington, DC, April 20, 2021. Americans’ views of who could hold that have overcriminalized the use of
To the Senate: America’s highest offices. Walter Mon- marijuana and put it on a par with her-
Under the provisions of rule I, paragraph 3, dale, known to friends and foes alike as oin, LSD, and other narcotics that bear
of the Standing Rules of the Senate, I hereby ‘‘Fritz,’’ died at the age of 93. little or no resemblance in their effects
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∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
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S2044 CONGRESSIONAL RECORD — SENATE April 20, 2021
either on individuals or on society, against voter fraud. In many cases, the American Rescue Plan, Democrats
more broadly. those attempts have been just laugh- passed the largest, most comprehensive
The war on drugs has too often been able. relief package for the people of Puerto
a war on people, particularly people of Just to take one example from ear- Rico in a long, long time. I am proud to
color. For decades, young men and lier this week, the Republican-led Mon- have worked with my House col-
women—disproportionately, young tana State Legislature passed a law leagues, particularly Representative
men and women of color—have been ar- that ends election-day voter registra- NYDIA VELÁZQUEZ, to get that done.
rested and jailed for even carrying a tion and would no longer allow student Prior to the American Rescue Plan,
small amount of marijuana, a charge IDs to be used as a sole ballot form of the Federal Government had never sup-
that often came with exorbitant pen- identification. Just think about that ported Puerto Rico’s tax credit for low-
alties and a serious criminal record for a moment. What problems are the income workers. We did that for the
from which they might never recover, Republicans in Montana trying to solve first time ever.
being rejected from job after job be- there? Has there been a rash of 40-year- Shockingly, prior to the American
cause this minor, minor deviation from olds showing up with student IDs to Rescue Plan, only families with three
the law was listed as a serious criminal commit voter fraud? No, there cer- or more children in Puerto Rico could
record. tainly hasn’t been. We all know what is claim the child tax credit. That seems,
It makes no sense. It is time for going on here. Younger voters have to me, to be racist in its application.
change. I believe the time has come to been shown to be more Democratic. So We fixed that and made sure that every
end the Federal prohibition on mari- Montana Republicans have made it family in Puerto Rico can claim the
juana in this country, and I am work- harder for them to vote. It is des- credit, just like every other American
ing with Senators BOOKER and WYDEN picable—just despicable—and these family.
on legislation to do just that. My laws are moving through State legisla- So as long as Democrats have a ma-
thinking on this issue has evolved. tures all across the country, including jority here in the Senate, I am going to
A number of States—including, very the most recent one in Georgia, which, make sure that Puerto Rico is treated
recently, my home State of New among other crucial reforms, makes it fairly and gets its fair share of support.
York—have legalized the recreational a crime—a crime—to provide food and When it comes to this disaster aid, I
use of marijuana for adults, and those water to voters waiting in line at the am so glad the Biden administration is
experiments, by and large, have been a poles, even though in minority areas rectifying the issue. I hope we never re-
success. The doom-and-gloom pre- the lines are often much longer because peat such a shameful delay.
dictions, when States like Colorado or there are fewer polling places. I yield the floor.
Oregon went forward and decriminal- I know my Democratic colleagues on I suggest the absence of a quorum.
ized and legalized marijuana, never oc- the Judiciary Committee are going to The ACTING PRESIDENT pro tem-
curred. shine a spotlight on all of these efforts, pore. The clerk will call the roll.
In State after State, through ballot and I applaud Chairman DURBIN for The senior assistant legislative clerk
initiatives and constitutional amend- holding this very important hearing proceeded to call the roll.
ments, the American people are send- today. Voting rights are a topic that Mr. MCCONNELL. Mr. President, I
ing a clear message that they want this deserves continued national attention. ask unanimous consent that the order
policy changed. Senators BOOKER, It is a top priority for this Democratic for the quorum call be rescinded.
WYDEN, and I are going to continue to Senate majority. The ACTING PRESIDENT pro tem-
work on our legislation, and in the PUERTO RICO
pore. Without objection, it is so or-
near future, we hope to have a draft of Finally, Mr. President, you couldn’t dered.
a comprehensive reform effort, not find a better study in contrasts than RECOGNITION OF THE MINORITY LEADER
only to end the Federal prohibition on the Trump administration and the The Republican leader is recognized.
marijuana but to ensure restorative Biden administration. On so many BORDER SECURITY
justice, protect public health, and im- issues, the executive branch is finally Mr. MCCONNELL. Mr. President, the
plement responsible taxes and regula- returning to competence, undoing the situation on our southern border is bad
tions. This was the approach taken by damage wrought by 4 years of Trump’s and getting worse. Last month saw
legislators in New York. I believe it is Presidency. overall migrant totals hit a nearly
the right approach, and it serves as a One important example came last two-decade high. More unaccompanied
model for how we should deal with the night. Beginning in 2017, the Trump ad- minors arrived than during any prior
issue in Congress. ministration maliciously held back bil- month on record.
Hopefully, the next time this unoffi- lions of dollars in congressionally ap- These kids, crowded in underequipped
cial holiday, 4/20, rolls around, our proved disaster aid to Puerto Rico, facilities, tended by increasingly over-
country will have made progress in ad- which was devastated by Hurricane whelmed personnel, have become the
dressing the massive overcriminaliza- Maria, resulting in the deaths of thou- heart-wrenching face of this crisis. Yet
tion of marijuana in a meaningful and sands of Americans. This was vicious the most resolve, the most strength
comprehensive way. on the part of Donald Trump—nasty, so that this administration has shown on
VOTING RIGHTS typical of the pettiness and inhu- the border has been their commitment
Mr. President, now on voting rights, manity of his administration. to their talking points, their refusal to
today in the Judiciary Committee, Well, the Biden administration has call the crisis a crisis.
Senators will hear testimony from a finally ended this appalling delay and This past weekend, the President of
number of public officials and experts will release the much needed disaster the United States himself slipped up
about the surge in voter suppression relief funds that Puerto Rico has wait- and used that forbidden word. But—get
laws since the 2020 election, including ed for, for almost 5 years. The release this—he was then overruled by his own
former Georgia gubernatorial can- of these funds means the people of staff. Yesterday, his Press Secretary
didate Stacey Abrams. Puerto Rico can finally and fully re- said President Biden actually didn’t in-
These voter suppression laws—more build their homes, their schools, their tend to describe the situation as a cri-
than 250 proposed laws in more than 40 businesses. sis. Fascinating.
States—constitute a grave and imme- Puerto Rico, unfortunately, has too But then, yesterday, at last, we saw
diate threat to the very core of our de- often been an afterthought to work this administration take some new ac-
mocracy. In ways both large and small, here in Washington. Funds that would tion on immigration. Finally, some
they seek to restrict the franchise, normally go to any State after a nat- proactive steps. Memos were issued to
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often targeting minority communities, ural disaster like Hurricane Maria got Immigration and Customs Enforcement
younger voters, and dense urban dis- delayed for years over the course of an and CBP with new instruction. Were
tricts. entire administration. they new policies to stem the crisis?
Our Republican colleagues have tried Puerto Ricans are American citizens No. Stepped-up enforcement? No. A
in vain to defend these laws as mean- and should be treated exactly as such way to fix the administration’s signals
ingful and appropriate protections when disaster strikes. That is why, in that have induced these new waves of
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April 20, 2021 CONGRESSIONAL RECORD — SENATE CORRECTION S2045
vulnerable people to try their luck? No, obvious. This isn’t a trick question. We How does the administration plan to
not this either. need to permanently schedule fentanyl maintain our insight into terrorist ac-
Here was the big news: The govern- analogues, take this permanent step to tivities or our ability to strike them
ment will be adopting new, more politi- protect Americans, and be done with it. without a presence on the ground, to
cally correct rhetoric. Under this ad- We should not just kick the can down sustain our partners who are doing the
ministration, we will no longer have the road for 2 months or 5 months or 12 fighting? I worked hard to find com-
‘‘illegal aliens,’’ not because they will months. We should not let this com- mon ground with this administration
secure the border; just because they monsense step be held hostage for lib- on foreign policy, but if the White
now will be called ‘‘noncitizens’’ or eral horse trading. We simply need to House is serious about making Amer-
‘‘undocumented migrants’’ and so on. do the right thing. ica, our allies, and our interests more
These priorities are almost a parody Congress cannot hold American lives secure, it will need to start tacking to-
of leftwing governance: not securing and communities hostage to try to ward a more enduring approach cen-
the border, not a better plan for the grease the skids for drug dealers. Con- tered on strength, grounded in reality
children, just woke proofreading. This tinuing to ban these analogues is not and not wishful thinking.
is not going to get the job done. even a recipe for mass incarceration. I suggest the absence of a quorum.
OPIOID EPIDEMIC The main effect is to cut down on the The ACTING PRESIDENT pro tem-
Mr. President, on a related matter, of incoming supply of these poisons by pore. The clerk will call the roll.
changing the incentives for producers The senior assistant legislative clerk
course, the flow of actual people is not
in China and other foreign countries. proceeded to call the roll.
our only border security problem. Mr. SCHUMER. Mr. President, I ask
Americans are dying and communities The Department of Justice reports
that, in the last 3 years, only 8 people— unanimous consent that the order for
are being hollowed out because foreign the quorum call be rescinded.
drug dealers and profiteers have taken 8 people would have qualified for the
mandatory minimum sentences that The ACTING PRESIDENT PRO TEM-
our opioid crisis as a business oppor- PORE. Without objection, it is so or-
tunity. some people are complaining about.
More than anything else, scheduling dered.
Fentanyl and fentanyl analogues ORDER OF PROCEDURE
that pour into our country impose a these terrible drugs is a harm reduc-
tion and prevention tool. It works up- Mr. SCHUMER. Mr. President, I ask
staggering, tragic loss. In 2020, the CDC unanimous consent that notwith-
recorded more overdose deaths than stream. It disincentivizes their manu-
facture and their import into our coun- standing the order of yesterday, the
any year on record. They attributed Senate recess from 12:30 p.m. until 2:15
the spike primarily to synthetic try.
Too many of our neighbors have al- p.m. and that at 2:15 p.m., the Senate
opioids like fentanyl. proceed to executive session to resume
ready been taken from us. Too many
My home State of Kentucky logged a consideration of the Gensler nomina-
communities have already been
50-percent year-on-year increase in tion and the Senate vote on the motion
hollowed out. There is simply no ex-
overdose deaths. Fentanyl and its con- to invoke cloture on the nomination;
cuse for inaction.
stantly changing analogues are as It should not just be a Republican that following the cloture vote, the
toxic and lethal an illegal drug as there priority to slam the door on the opioid Senate resume legislative session and
is. We are talking about substances epidemic in every possible way. This the Senate recess until 4 p.m. to allow
that can be orders of magnitude more should actually be a bipartisan no- for the all-Senators briefing; further,
potent than morphine. brainer. Let’s permanently schedule that if cloture is invoked on the
Customs and Border Protection say these analogues and keep this poison Gensler nomination, all postcloture
fentanyl seizures jumped more than 70 out of our land and out of our citizens’ time be considered expired at 5 p.m.;
percent in fiscal year 2020. They are on bloodstreams. that immediately following the dis-
pace for another record year in 2021. AFGHANISTAN position of the Gensler nomination, the
Much of this poison is manufactured in Mr. President, now, on one final mat- Senate resume consideration of the
and exported from China. ter, this afternoon, President Biden is Monaco nomination and vote on con-
The scope of this crisis is truly stag- sending his top national security offi- firmation as provided under the pre-
gering. But incredibly, some on the po- cials to brief Members on his mis- vious order; that if either nomination
litical left want to respond to this na- guided plan to abandon the battlefield is confirmed, the motions to reconsider
tional crisis by letting the criminal in Afghanistan. be considered made and laid upon the
status of fentanyl analogues lapse this As I said when this decision was an- table and the President be immediately
spring. nounced, the enemies that threaten notified of the Senate’s action; finally,
People want to let these drugs be- America, our allies, and the people of that following the confirmation vote
come legal. They actually want to let Afghanistan are not vanquished. on the Monaco nomination, the Senate
these drugs become legal. I am not Taliban retribution and repression and resume legislative session.
making this up. Fentanyl analogues the terror of al-Qaida, ISIS, and the The ACTING PRESIDENT PRO TEM-
are poised to fall off the schedule of Haqqani Network will likely only grow PORE. Without objection, it is so or-
controlled substances in just a few after we have left. dered.
weeks if Congress does not act, and I know many colleagues on both sides Mr. SCHUMER. Therefore, Senators
some corners of the soft-on-crime left of the aisle share my concerns. I expect should expect one rollcall vote at 2:15
want us to do nothing. They are un- that the administration’s representa- p.m. and two rollcall votes at 5 p.m.
happy with the sentences that be can tives will face tough questions about f
be imposed on drug dealers as a result. the rationale behind their plan for a
These people are seriously arguing— MEASURES PLACED ON THE
rushed withdrawal. CALENDAR—S. 1216 AND H.R. 7
seriously arguing that we should let So it is appropriate to ask: Does the
these substances flow even more freely Taliban share the administration’s Mr. SCHUMER. Mr. President, I un-
through American streets and Amer- commitment to a negotiated solution, derstand there are two bills at the desk
ican neighborhoods, costing who knows to not harming Afghan women or girls due for a second reading en bloc.
how many additional American lives to or seeking vengeance on those who The ACTING PRESIDENT pro tem-
abonner on DSKJLXR7X2PROD with CONG-REC-ONLINE
help some drug dealer avoid prison. have worked with the United States to pore. The leader is correct.
I understand that even among Demo- root out terror? Somehow I doubt it. The clerk will read the bills by title
crats who say they don’t want to de- Does the administration have a plan en bloc.
criminalize these poisons, there is for keeping terrorists off-balance in The senior assistant legislative clerk
some effort to kick the can a few the absence of troops and leverage in read as follows:
months with a temporary extension so the region? Will it seek to maintain A bill (S. 1216) to extend the temporary
scheduling order for fentanyl-related sub-
that a soft-on-crime bill could be craft- the 2001 AUMF, which authorizes the stances.
ed and forcibly paired with this step. ongoing counterterrorism operations A bill (H.R. 7) to amend the Fair Labor
Look, these are terrible ideas, just that have actually kept our homeland Standards Act of 1938 to provide more effec-
terrible ideas. The right thing to do is safe for 20 years? tive remedies to victims of discrimination in
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